Earl Enterprises restaurants data breach $600K class action settlement

Earl Enterprises, the operator of Buca di Beppo and other restaurants, agreed to a $650,000 class action lawsuit settlement to resolve claims that it failed to prevent a data breach that lasted from 2018 to 2019.

The settlement benefits consumers who made a credit or debit card purchase at certain Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria and Mixology 101 locations between May 23, 2018, and March 18, 2019.

The Earl Enterprises data breach reportedly lasted from May 2018 to March 2019. During this time, hackers allegedly gained access to payment card information from certain restaurant customers, putting consumers at risk for financial damages.

Earl Enterprises is a restaurant operator that owns several restaurant brands.

Earl Enterprises hasn’t admitted any wrongdoing but agreed to pay $600,000 to resolve the data breach class action lawsuit.

Under the terms of the settlement, class members can receive up to $5,000 for documented expenses related to the data breach. Eligible expenses include identity theft expenses, fraudulent damages, bank fees, credit expenses and up to four hours of lost time compensated at a rate of $20 per hour.

Class members who experienced data breach-related expenses but cannot document them can receive two restaurant promotional cards valued at $10 each. These cards can be used at Buca di Beppo or Planet Hollywood restaurants.

The deadline for exclusion and objection is Jan. 5, 2024.

The final approval hearing for the class action lawsuit settlement is scheduled for Feb. 12, 2024.

In order to receive settlement benefits, class members must submit a valid claim form by Jan. 5, 2024. 

Who’s Eligible

Consumers who made a credit or debit card purchase at certain Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria and Mixology 101 locations between May 23, 2018, and March 18, 2019

Potential Award

$5,000

Proof of Purchase

Receipts, account statements, phone bills, correspondence from the class member’s financial institution declining to reimburse the charges, etc. 

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/05/2024

Case Name

Hymes, et al. v. Earl Enterprises Holdings Inc., Case No. 6:19-cv-644-Orl-41GJK, in the U.S. District Court for the Middle District of Florida

Final Hearing

02/12/2024

Settlement Website

EarlSettlement.com

Claims Administrator

Earl Enterprises Settlement Administrator
PO Box 2867
Baton Rouge, LA 70821
info@EarlSettlement.com
844-976-1987

Class Counsel

John A Yanchunis 
Ryan J McGee 
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Matthew M Guiney 
Carl Malmstrom
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP

Mark S Reich
Courtney Maccarone
LEVI & KORSINSKY LLP

Gayle M Blatt 
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD LLP

Defense Counsel

Benjamin H Kleine
COOLEY LLP